Katya Sido v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Katya Sido filed a petition for compensation under the National Vaccine Injury Compensation Program on April 16, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on November 1, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on June 29, 2015, conceding that petitioner's injury was consistent with SIRVA and was not due to factors unrelated to the vaccination.
The respondent further stated that the injury was compensable as a "caused-in-fact" injury under the Vaccine Act. Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on June 30, 2015, finding petitioner entitled to compensation.
Subsequently, on September 14, 2015, the respondent filed a proffer on the award of compensation, which petitioner agreed to. Special Master Vowell issued a decision on October 20, 2015, awarding Katya Sido a lump sum payment of $122,390.25 for all elements of compensation.
Later, on November 9, 2015, the parties filed a stipulation for attorneys' fees and costs. Chief Special Master Nora Beth Dorsey issued a decision on January 13, 2016, awarding $10,987.66 in attorneys' fees and costs, jointly payable to petitioner and her counsel, Amber D.
Wilson of Maglio Christopher and Toale, PA. Petitioner was represented by Amber D.
Wilson, and respondent was represented by Justine E. Walter of the U.S.
Department of Justice.
Theory of causation
Petitioner Katya Sido alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 1, 2013. The respondent conceded that the injury was consistent with SIRVA and was "caused-in-fact" under the Vaccine Act. The public decision does not describe the specific medical mechanism or expert testimony. The case resulted in a compensated outcome. Special Master Denise Kathryn Vowell issued a ruling on entitlement on June 30, 2015, based on the respondent's concession. A subsequent decision on damages by Special Master Vowell on October 20, 2015, awarded a lump sum of $122,390.25. Attorneys' fees and costs of $10,987.66 were awarded jointly to petitioner and her counsel, Amber D. Wilson, by Chief Special Master Nora Beth Dorsey on January 13, 2016. Petitioner was represented by Amber D. Wilson (Maglio Christopher and Toale, PA) and respondent by Justine E. Walter (U.S. Department of Justice).